Right to file an appeal is a valuable right of a litigant

Dec
5
2017


C. Venkata Swamy vs H.N. Shivanna(D) by L.R. & Anr. Etc.

Decided on 04.12.17 Supreme Court

 




DAILY-WAGER CANNOT ORDINARILY SEEK RELIEF OF REINSTATEMENT UPON ILLEGAL TERMINATION

Dec
5
2017


The Hon’ble Supreme Court in the matter of District Developer Officer Vs. Satish Kantilal Amrelia Civil appeal no. 19857-19858, decided on 28th November, 2017 dealt with the following interesting question of law

 

“What is the effect of a conflicting order passed by a labour Court and Civil Court in regard to employment of a person, engaged as a daily wager

 

Facts




Long possession of property does not entitle to protection from dispossession

Sep
1
2017


The Delhi High Court in Krishan Lal vs. Union of India and Ors. decided on08.08.2017 following the judgment of the Hon’ble Supreme Court in the case of Behram Tejani and Others v.




Ownership by adverse possession

Sep
1
2017


The Delhi High Court in Ved Prakash and Ors. vs. Niranjan Singh on 09.08.2017 stated that in order to establish claim of adverse possession, the first and basic ingredient in law is that the possession of the person must be hostile and owner would be deemed to be in possession of the suit property so long as there is no intrusion. Non-use of the property by the owner even for a long time would not affect his title. The position will be altered when another person takes possession of the suit property and asserts a right over it.




Valuation of a suit property for the purpose of jurisdiction is different from valuation for the purpose of Court fees

Sep
1
2017


The Supreme Court in J. Vasanthi and Ors. Vs.  N. Ramani Kanthammal (D) Rep. by L.Rs. and Ors. Civil Appeal No. 3396 of 2017 on 10.08.2017 stated that proper valuation of a suit property stands on a different footing than applicability of a particular provision of an Act under which court fee is payable.




Essentials of mortgage by conditional sale

Sep
1
2017


The Supreme Court in the matter of Vithal Tukaram Kadam vs Vamanrao Sawalaram Bhosale decided on 9 August, 2017 Civil Appeal Nos. 7245-7246 OF 2011 summarised the essentials of an agreement, to qualify as a mortgage by conditional sale. An ostensible sale with transfer of possession and ownership, but containing a clause for re-conveyance in accordance with Section 58 (c ) of the Act, will clothe the agreement as a mortgage by conditional sale.




Powers of Police under Section 498A IPC curtailed

Aug
10
2017


The Hon'ble Supreme Court of India in the matter of Rajesh Sharma Vs. State of UP, Criminal appeal no. 1265 of 2017, decided on 27th July, 2017 inter-alia gave the following guidelines in regard to registration of FIR under Section 498A IPC:

-Complaints under Section 498A and other connected offences may be investigated only by a designated Investigating Officer of the area. Such designations may be made within one month from today.




Difference between Mortgage by conditional sale and Sale with a condition to repurchase

Aug
10
2017


The Supreme Court of India in the matter of Bibi Fatima vs. M. Ahamed Hussain, Civil Appeal no. 7023/2012, decided on 1st August, 2017 opined on the question that whether a transaction is a mortgage by conditional sale or a sale with a condition of re-purchase and stated the method of gathering the underlying difference between the same. The Apex court held that the question has to be decided on the basis of interpretation of the document itself. The intention of the parties is a determining factor and the document.




Readiness and Willingness must continue through out the proceedings

Jul
31
2017


The Calcutta High Court in the matter of Amit Mondal Vs. Pannalal Das decided on 6th July, 2017 has held that Section 16(c) of the Specific Relief Act, provides that, in order to get a decree for specific performance of contract, Plaintiff is not only required to aver his readiness and willingness to purchase suit property all throughout in his pleadings but he is also required to prove his readiness and willingness to perform his part of obligations under contract all throughout in course of trial of suit. 








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